MacGilvray v. Boston Elevated Railway Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries received shortly after half past ten o’clock on the evening of March 26, 1915, in the Boylston Street subway station in Boston by reason of falling or being pushed into an open space between the station platform and the step of an electric car of the defendant which the plaintiff by the defendant’s invitation was attempting to enter as a passenger.
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Tort for personal injuries received shortly after half past ten o’clock on the evening of March 26, 1915, in the Boylston Street subway station in Boston by reason of falling or being pushed into an open space between the station platform and the step of an electric car of the defendant which the plaintiff by the defendant’s invitation was attempting to enter as a passenger. Writ dated May 14, 1915. In the Superior Court the case was tried before Dana, J. The evidence is described in the opinion. Upon the evidence the judge was of the opinion that the plaintiff as matter of law was not…
1Opinion of the CourtCrosby, J.
The plaintiff was injured by being pushed into an open space between the station platform and the entrance to a car which she was attempting to board in the Boylston Street subway station. The accident occurred in the evening while the plaintiff was on her way home from the theatre. She testified that there was a dense crowd at the subway station when she reached there accompanied by two acquaintances, from whom she became separated. She further testified that “When she was about to get on the car, she noticed there was a space of twelve or thirteen inches wide between the subway platform and…
2Cases cited14 opinions
- Kuhlen v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Glennen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- Plummer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Jackson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- McCumber v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Vigeant v. Postal Telegraph Cable Co.Massachusetts Supreme Judicial Court · 1927
- Magaw v. Massachusetts Bay Transportation AuthorityMassachusetts Appeals Court · 1985
- Franz v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1921
- Ritchie v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1921
- Pearson v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1923
17 more not listed; retrieve them via the Exa API.